Medical Board Says MDs Cheated

By

Katherine Hobson

Updated June 9, 2010 12:01 am ET

The American Board of Internal Medicine is moving against nearly 140 doctors who it says cheated on the organization's certification exams by seeking out, sharing and in some cases purchasing actual test questions from a board-review company.

Board certification isn't required to practice medicine, but is commonly needed for doctors of all stripes to secure hospital privileges or participate in insurance plans.

In suits filed Friday in U.S. District Court for the Eastern District of Pennsylvania, the ABIM alleges that five physicians infringed the organization's copyright on test questions. The suits also accuse them of misappropriating trade secrets and breach of contract.

Test Case

The ABIM is seeking monetary and injunctive relief, and says each doctor's conduct has cost it more than $75,000 given the complex and lengthy process involved in developing its test questions.

The group, which certifies internal-medicine specialists and sub-specialists, is sanctioning the five physicians named in the complaints as well as 134 others for what it deemed ethical breaches involving the disclosure of test questions—which aren't supposed to be repeated, copied or reproduced. Test-takers are told of the policy when they register and, before taking the exam, electronically sign a pledge agreeing not to reveal questions.

Sanctions range from one-year suspensions of board certification to having it yanked indefinitely, depending on the offense. Doctors who want to apply for recertification will have to take the test again. Doctors' change in status will immediately be reflected in their listing on the ABIM's website.

"Any high-school kid knows that cheating is unfair," said Dr. Christine Cassel, president and chief executive of the ABIM, who called the sanctions "a message and a deterrent."

The ABIM's move springs from a case involving test-prep firm Arora Board Review, which it sued last year. The ABIM's suit alleged that Arora instructors told class members the review questions were from the actual exam and solicited them to supply the company with additional questions they remembered after taking certification exams.

The ABIM and an attorney for Livingston, N.J.-based Arora both said they are in settlement talks. Arora's website says it has "put [its] business on hold until a settlement is reached in the near future."

Materials seized from Arora in December as part of the case included 2,000 emails and audio and other communications from physicians disclosing exam questions, according to the ABIM.

Dr. Mukherjee couldn't be reached for comment. Dr. Todor and Dr. Salehi had no comment. Dr. Oni said he didn't know the questions he purchased were from previous tests.

Dr. Von Muller said courses like Arora's are necessary for busy physicians attempting to get their optional board certification.

Dr. Cassel said she doesn't believe sharing or selling actual questions is common. "We have a great deal of confidence that most people don't cheat on this exam," she said, adding that there are "legitimate board-review programs that continue to function." (The ABIM doesn't offer its own review courses.)

The "hundreds" of allegedly infringing questions used by the course were removed from the pool of questions used on the computerized tests starting in 2009. Doctors who took the Arora course but weren't sanctioned or sued will get letters of reprimand, the ABIM said.

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Medical Board Says MDs Cheated

The American Board of Internal Medicine is moving against nearly 140 doctors who it says cheated on the organization's certification exams by seeking out, sharing and in some cases purchasing actual test questions from a board-review company.